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LOBEL v. AMERICAN AIRLINES

No. 233, Docket 22643.

205 F.2d 927 (1953)

LOBEL v. AMERICAN AIRLINES, Inc.

United States Court of Appeals Second Circuit.

Decided July 13, 1953.

Attorney(s) appearing for the Case

Jay Leo Rothschild, New York City (Frank R. Cohen, New York City, on the brief), for plaintiff-appellant.

William J. Junkerman, New York City (Haight, Deming, Gardner, Poor & Havens, Douglas B. Bowring and James B. McQuillan, all of New York City, on the brief), for defendant-appellee.

Before L. HAND, CHASE and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This is the second appearance before us of this action by a passenger in defendant's airplane for personal injuries sustained in a crash of the plane, apparently because of engine trouble, at Michigan City, Indiana, on December 28, 1946. The first appeal was by defendant from a verdict and judgment of $35,000 for plaintiff. In the first trial plaintiff had relied upon the doctrine of res ipsa loquitur...

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